HomeMy WebLinkAboutResolution 4863-11-2017 A Resolution
NO. 4863-11-2017
RATIFYING THE LAWSUIT ENTITLED JESUS NAVA, BY AND THROUGH
HIS SUBROGEE, THE CITY OF FORT WORTH, TEXAS,
AND THE CITY OF FORT WORTH, TEXAS
IN ITS INDIVIDUAL CAPACITY v. ROBERT JAMES JONES
CAUSE NO. 2017-006190-2
WHEREAS, on October 9, 2015, City of Fort Worth police officer Jesus Nava was
injured when the City vehicle being operated by Officer Nava was negligently struck
from the rear by a vehicle being operated by Robert James Jones.
WHEREAS, because of the injuries to Officer Nava caused by the negligent acts
and omissions of Robert James Jones, the City has been required to pay medical
expenses for Officer Nava pursuant to the Texas Workers' Compensation Statute and
may be required to pay medical expenses in the future.
WHEREAS, Chapter 417 of the Texas Labor Code provides that if benefits are
claimed by an injured employee, based on the liability of a third party, the City is
subrogated to the rights of the injured employee and may enforce the liability of the third
party in the name of the injured employee.
WHEREAS, the collision caused by the negligent actions of Robert James Jones
resulted in damage to the City's vehicle Officer Nava was operating at the time of the
accident and the reasonable cost to repair that damage is $1441.15
WHEREAS, in order to preserve the City's ability to enforce its subrogation lien,
the City was required to file suit on or before the statute of limitations expired on
October 9, 2017; therefore the City filed suit against Robert James Jones on October 5,
2017.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
1.
The filing of the lawsuit styled Jesus Nava, By And Through His Subrogee, The
City Of Fort Worth, And The City Of Fort Worth, Texas, In Its Individual Capacity v.
Robert James Jones, Cause No. 2017-006190-2, is ratified and the City Attorney and
City Manager are authorized to take all necessary legal action against Robert James
Jones to recoup all damages suffered by the City of Fort Worth as a result of the
negligence of Robert James Jones.
ORT WO T
Resolution No. 4863-11-2017
2.
The City is authorized and directed to take all necessary legal action against
Robert James Jones to recoup past and future medical costs paid on behalf of Jesus Nava
and to recover the reasonable repair costs of the City's vehicle.
Adopted this 14th day of November, 2017.
ATTEST: OF FONT
A',
O
By:
ary J. e , Civy Secretary
�4—�jS
ORT WO
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/14/2017 - Resolution No. 4863-11-2017
DATE: Tuesday, November 14, 2017 REFERENCE NO.: **G-19161
LOG NAME: 12NAVA SUBROGATION
SUBJECT:
Adopt Resolution Ratifying the Lawsuit Entitled Jesus Nava, By and Through his Subrogee, the City of Fort
Worth, Texas, and the City of Fort Worth, Texas, in its Individual Capacity v. Robert James Jones, Cause
No. 2017-006190-2 (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution ratifying the lawsuit against Robert
James Jones, Cause No. 2017-006190-2, filed October 5, 2017, regarding a collision with a City vehicle.
DISCUSSION:
On October 9, 2015, a City of Fort Worth Police Officer, Jesus Nava, was driving northbound on University
Drive near its intersection with Park Hill Drive, within the city limits of Fort Worth, Tarrant County,
Texas. Due to construction, the road narrowed from three northbound lanes to one northbound
lane. Officer Nava slowed his vehicle to allow a motorcycle, also northbound, to enter the lane ahead of
him. Defendant Robert James Jones was driving northbound behind Officer Nava in the one remaining
lane, and struck the police vehicle from the rear when it slowed. As a result of the impact, Officer Nava
suffered bodily injuries.
The Texas workers' compensation statute requires the City to provide medical treatment and salary
benefits to employees injured in the line of duty. To date, the City has paid reasonable and necessary
medical expenses as a result of Officer Nava's injuries due to Robert James Jones' negligence, and may
be required to pay additional medical expenses in the future. The damage to the City's vehicle that Officer
Nava was operating at the time of the accident has necessitated repairs in the amount of$1,441.15.
Because of the impending deadline to file suit imposed by the two-year statute of limitations and the City
Council meeting schedule, the City Attorney's Office and the City Manager's Office were not able to seek
prior City Council authorization to file suit against Robert James Jones. On October 5, 2017, the City filed
suit against Robert James Jones in Cause No. 2017-006190-2, Jesus Nava, By and Through his
Subrogee, The City of Fort Worth, Texas, and The City of Fort Worth, Texas in its Individual Capacity v.
Robert James Jones.
Ratification of the filing of this lawsuit would allow the City to seek recovery of current medical costs, any
future medical costs that may arise, and property damage in the amount of$1,441.15. Current
accumulated medical costs are estimated to be $9,000.00.
An estimated $3,000.00 is expected to be spent pursuing this lawsuit.
This M&C does not request approval of a contract with a business entity.
Logname: 12NAVA SUBROGATION Page 1 of 2
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that, upon approval of this M&C, funds are available in the current
operating budget, as appropriated, of the Risk Management Fund to pay filing fees and costs associated
with this action.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # --? moun
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program ctivity Budget Reference # mount
ID ID Year (Chartfield 2)
[-601111 0147310 5520211 $3,000.0
CERTIFICATIONS:
Submitted for City Manager's Office by: ALL ACMs (6222)
Originating Department Head: Sarah Fullenwider (7606)
Additional Information Contact: Harvey L. Frye Jr. (8715)
LognAme: 12NAVA SUBROGATION Page 2 of 2